MANJIT KAUR Vs. HAPPY

JUDGEMENT

(1.) This is an application for transfer of petition under Sec. 13 of the Hindu Marriage Act, 1955 (for short, 'the Act') titled 'Happy vs. Manjit Kaur', pending in the Court of District Judge, Bathinda to the court of competent jurisdiction at Jalandhar, filed by applicant-Manjit Kaur, wife of Happy-respondent, aged about 26 years, presently residing with her parents at Jalandhar on account of matrimonial discord between the spouses.

(2.) According to the applicant, the marriage performed between the parties on 27/10/2013 ran into rough weather. Though the couple was blessed with a daughter namely Jasmeet Kaur, born on 11/10/2014. On account of maltreatment of the applicant by the respondent and his family members soon after the marriage in connection with demand of dowry, the applicant along with the minor daughter were driven out of the matrimonial home by the respondent and his family members in three wearing clothes. They had no other place to go except the parents of the applicant at Jalandhar. The applicant is not having any source of income. She has filed a petition under Sec. 125 Cr.P.C. against the respondent in the Court of Judicial Magistrate 1st Class, Jalandhar. The respondent has put in appearance there and interim maintenance has been granted to the applicant as well as the minor daughter of the parties.

(3.) The applicant has filed a revision petition before the Additional Sessions Judge, Jalandhar, seeking enhancement of interim maintenance. The respondent had put in appearance there also. The interim maintenance has since been enhanced. Since the respondent was not paying interim maintenance, the applicant had filed two execution applications before the Judicial Magistrate 1st Class, Jalandhar. The respondent has appeared in one execution application and paid some amount but a sum of Rs.1,50,000.00 is still due from him. The applicant has also filed a petition under Sec. 12 of the Protection of Women from Domestic Violence Act, against the respondent and his family members in the court of Judicial Magistrate 1st Class, Jalandhar. The respondent has put in appearance in those proceedings. Furthermore, the applicant has filed a complaint under Ss. 406/498-A/323/506/34 IPC, against the respondent and other accused, which is pending in the Court of Judicial Magistrate 1st Class, Jalandhar. Though, the accused have been summoned but the respondent is intentionally not appearing there.